DOCSLIB.ORG

The Innocence Commission: an Independent Review Board for Wrongful Convictions

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Innocence Commission: an Independent Review Board for Wrongful Convictions The Innocence Commission: An Independent Review Board for Wrongful Convictions DAVID HoRAN" INTRODUCTION Convicting the innocent is no less a problem in the United States than in Great Britain. By some estimates, as many as "one out of four defendants accused of a serious crime such as sexual assault" in the United States and "at least one out of 100 of those actually sentenced to death is innocent."' Yet the United States Congress has recently passed legislation making federal habeas corpus remedies for actual innocence more difficult to obtain.' In the same * For the inspiration for this Article, I wish to thank Norval Morris, James Lockyer, and Barry Scheck, as well as Larry Marshall for organizing the National Conference on Wrongful Convictions and the Death Penalty at the Northwestern University School of Law in November 1998, of which this Article is a product. For helpful comments and advice, my thanks to Stephen Bright, Shawn Collins, Patrick Collins, Edward Goemer, Samuel Issacharoff, Ben Rogoff, Stephen Schulhofer, and Lior Strahilevitz. I especially want to thank Steven Duke for providing me with valuable discussions and insights on the problem of convicting the innocent and Leigha Simonton for her support and patience. For invaluable assistance in providing sources, materials, and support, I owe many thanks to Louise Hall and Sir Frederick Crawford of the Criminal Cases Review Commission, James Lockyer and the Association in Defence of the Wrongly Convicted, the British Home Office, and Dean Stephen Yandle and the Yale Law School. I. Richard C. Dieter, Innocence and the Death Penalty: The Increasing Danger of Executing the Innocent 21 (last updated July 1997) <http://www.essential.orgldpiclinn.html>. For a discussion of the estimated ratios of innocent to guilty defendants sentenced to death, see Frank J. Murray, Death-Row Foes.Cite 'Innocents'; But Freeing Some no Proof Others Die Wrongfully, WASH. TIMES, Sept. 12, 1999, at C4. Estimates vary as to the number of wrongful convictions in Great Britain, ranging from the civil liberties group Justice's estimate that "at least fifteen people each year are wrongfully convicted by a jury," to the estimate of the National Association of Probation Officers that "'[f]ive per cent of prisoners serving more than five years protest their innocence and prison staff think that half of them (at least 400) might have been wrongfully convicted."' ROSEMARY PATTENDEN, ENGLISH CRIMINAL APPEALS 1844-1994: APPEALS AGAINST CONVICTION AND SENTENCE IN ENGLAND AND WALES 393 (1996) (footnotes omitted). One British academic and former senior prison service official estimates that some 1,300 prison inmates are innocent in Britain. Mohammed Ilyas, Academic's Casefor Innocent Inmates, BIRMINGHAM POST (Eng.), Apr. 11, 1998, at 4 (reporting a study by Dr. David Wilson of the University of Central England); see alsoDuncan Campbell, Guilty Until ProvedInnocent, GUARDIAN (London), Aug. 19, 1998, at 17 (reporting that released wrongfully convicted prisoner Paddy Nicholls estimated "that there could be as many as 2,000 people wrongly serving prison sentences in British prisons," but also suggesting that "[i]t is impossible to give even an approximate figure"). 2. See Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub. L. No. 104-132, 110 Stat. 1214 (1996) (codified as amended in scattered sections of 28 U.S.C.); id. 28 U.S.C. § 2244(b)(2)(B) (restricting access to federal habeas corpus on a second or successive NORTHERN ILLINOIS UNIVERSITY LA W REVIEW [Vol. 20 period, the British Parliament passed legislation establishing the Criminal Cases Review Commission (CCRC), "an independent body investigating suspected miscarriages of justice in England, Wales and Northern Ireland."3 petition); id. § 2254(e)(2)(B) (restricting access to evidentiary hearings in federal habeas courts). 3. Criminal Appeal Act, 1995, ch. 35, §§ 8-25 (Eng.); CRIMINAL CASES REVIEW COMMISSION [hereinafter CCRC], 1997-98 ANNUAL REPORT 4 (1998) (on file with the author). The British Parliament has also passed an act establishing the Scottish Criminal Cases Review Commission (SCCRC), patterned closely after the British CCRC. Crime and Punishment (Scotland) Act, 1997, ch. 48, § 25 (Scot.); Jenny Booth, At the Centre of the Courts, SCOTSMAN, May 3, 1999, at 22 (describing SCCRC chairperson Sheila McLean and the task facing the new review body); Jenny Booth, Dewer Names Six Members of Criminal Case Review Group, SCOTSMAN, Dec. 4, 1998, at 10; Jenny Booth, Scots System Set Up to PerpetuateMistakes Made, SCOTSMAN, July 31, 1998, at 6 (reporting criticisms of provisions of the Crime and Punishment (Scotland) Act as SCCRC prepares to begin work in April 1999); Severin Carrell, Crime Watchdog's Remit Expanded, SCOTSMAN, Mar. 24, 1999, at 6 (discussing announced plans for expanded powers for the SCCRC); Lessons of the Bentley Acquittal, SCOTSMAN, July 31, 1998, at 18 (arguing for improvements to the planned SCCRC); Alan Miller, Miscarriage Law Back in Melting Pot, SCOTSMAN, Feb. 12, 1998, at 19 (same); Scottish Office, Appointment of Chair of the Scottish Criminal Cases Review Commission, June 26, 1998 (visited Oct. 5, 1999) <http:llwww.scotland.gov.ukinews/releas98lI/prl 330.html> (describing the arrangements for the SCCRC); Scottish Office, ChairmanSought for the Scottish Criminal Cases Review Commission, Mar. 5, 1998 (visited Oct. 5, 1999) <http://www.scotland.gov.uk/ news/releas98/pr0435.html> (same); Ian Smith, Commission Ready To Investigate Cases of Doubtful Justice, SCOTSMAN, Apr. 2, 1999, at 4 (discussing the launch of the SCCRC). For an overview of the Scottish criminal justice system and post-conviction review, see generally LINDSAY FARMER, CRIMINAL LAW, TRADITION AND LEGAL ORDER: CRIME AND THE GENIUS OF SCOTS LAW, 1747 TO PRESENT (1997); R.A.A. MCCALL & DAVID SHELDON, SCOTS CRIMINAL LAW (1992); LORD MCCLUsKEY, CRIMINAL APPEALS (1992); PETER YOUNG, CRIME AND CRIMINAL JUSTICE IN SCOTLAND (1997); A Guide to Scots Law (visited Oct. 5, 1999) <http://www.law.gla.ac.uk/scot-guiderToC.HTML>; Scottish Court Service (visited Oct. 5, 1999) <http://www.scotcourts.gov.uk/html/scsl.html>. Similar bodies are being considered in Canada and Australia. See Adversary System Undermines Justice, ABIX, Feb. 4, 1999, available in 1999 WL 2250833 (abstract from The Australian, Feb. 4, 1999, at 13) ("Australia now needs an independent commission to reinvestigate dubious verdicts akin to England's Criminal Cases Review Commission."); Michelle MacAfee, Criminal Code Revamp Welcomed, GLOBE & MAIL (Toronto), Aug. 27, 1998, at A8 (reporting the call for an independent commission to review wrongful convictions in Canada); Jill Mahoney, Top Supreme Court Candidate Avoids Issue of Appointments; McLachlin DiscussesAccountability at Bar Association Meeting, GLOBE & MAIL (Toronto), Aug. 26, 1999, at A4 (reporting that Justice Minister Anne "McLellan said she is committed to reforming the law that deals with allegations of wrongful convictions and will announce changes by the end of the year."); DEPARTMENT OF JUSTICE, ADDRESSING MISCARRIAGES OF JUSTICE: REFORM POSSIBILmES FOR SECTION 690OFTHE CIMINAL CODE(A CONSULTATION PAPER) 9-12 (1998) (Can.) (hereinafter CONSULTATION PAPER] (reporting the consideration of reforms establishing a CCRC-like review body in Canada and Australia); Department of Justice, Addressing Miscarriagesof Justice: Reform Possibilitiesfor Section 690 of the CriminalCode (A Consultation Paper) 9-12 (1998) <http://canada.justice.gc.ca/en/cons/amj/coverre.html> (same); Terry O'Gorman, Remedying Miscarriagesof Justice-A New Approach Is Overdue (visited Oct. 5, 1999) <http://web.logicworld.com.au/-miket/level l/ogorman.html> (Australian 2000] THE INNOCENCE COMMISSION Nowhere has the problem of convicting the innocent been more apparent recently in the United States than in Illinois, where political leaders and public sentiment are reeling from the release and subsequent exoneration and executive pardon of several innocent men-most notably Anthony Porter- from the state's death row.4 Illinois has now exonerated and released more solicitor's paper presented at the 6th International Criminal Law Congress, Session 8, Melbourne, Australia, October 9-13, 1996, tracing the development of the British CCRC and arguing for a similar body in Australia). For an overview of the Australian criminal justice system and post-conviction review, see generally MARK FINDLAY ET AL, AUSTRAUAN CRIMINAL JUSTICE (1994); CoLiN HOWARD, CRIMINAL LAW (4th ed. 1982); DEBORAH SWEENEY & NEL WILLIAMS, COMMONWEALTH CRIMINAL LAW (1990); Australia's Legal System (visited Oct. 5, 1999) <http://www.law.gov .au/auslegalsys/auslegalsys.html>; Attorney-General's Department, Criminal Law Division (visited Oct. 5, 1999) <http://www.law.gov.au/aghomellegalpol/crld/crld.htm>. For an overview of the Canadian criminal justice system and post-conviction review, see generally Rt. Hon. A. Kim Campbell, Post-Conviction Review in the Canadian Criminal Justice System, 28 SUFFOLK U. L. REV. 609 (1994); Department of Justice, Applications to the Minister of Justice for a Conviction Review Under Section 690 of the Criminal Code (visited Feb. 5, 1999) <http://canada.justice.gc.ca/Publications/Infoeducation/sect690/index_en.html >; Department of Justice, Canada's Court System (visited Oct. 5, 1999) <http://canada.justice.gc.ca/Public ations/lnfo education/CCS/indexen.htm>; Department of Justice, Canada's System ofJustice (visited Oct. 5, 1999) <http://canada.justice.gc.ca/Publications/Infoeducation/CSJ/index_ien.
Load more

Recommended publications
  • Justice Journal
    JUSTICE JOURNAL The JUSTICE Journal aims to promote debate on topical issues relating to human rights and the rule of law. It focuses on JUSTICE’s core areas of expertise and concern: • human rights • criminal justice • equality • EU justice and home affairs • the rule of law • access to justice • the constitution www.justice.org.uk JUSTICE – advancing access to justice, human rights and the rule of law JUSTICE is an independent law reform and human rights organisation. It works largely through policy- orientated research; interventions in court proceedings; education and training; briefings, lobbying and policy advice. It is the British section of the International Commission of JuristsJurists. (ICJ). The JUSTICE Journal editorial advisory board: Philip Havers QC, One Crown Office Row Barbara Hewson, Hardwicke Civil Professor Carol Harlow, London School of Economics Anthony Edwards, TV Edwards JUSTICE, 59 Carter Lane, London EC4V 5AQ Tel: +44 (0)20 7329 5100 Fax: +44 (0)20 7329 5055 E-mail: [email protected] www.justice.org.uk © JUSTICE 20102012 ISSN 1743-2472 Designed by Adkins Design Printed by Hobbs the Printers Ltd, Southampton TheThe paperpaper usedused inin thisthis publicationpublication isis procuredprocured fromfrom forestsforests independentlyindependently certifiedcertified toto thethe levellevel ofof ForestForest StewardshipStewardship CouncilCouncil (FSC)(FSC) principlesprinciples andand criteria.criteria. # ! Chain of custody certification allows the tracing of ! ! " Chain of custody certification allows the tracing
    [Show full text]
  • Ucin1070571375.Pdf (2.43
    UNIVERSITY OF CINCINNATI DATE: November 10, 2003 I, Craig T. Cobane II , hereby submit this as part of the requirements for the degree of: Doctorate of Philosophy in: Political Science It is entitled: Terrorism and Democracy The Balance Between Freedom and Order: The British Experience Approved by: Richard Harknett James Stever Thomas Moore Terrorism and Democracy The Balance Between Freedom and Order: The British Experience A dissertation submitted to the Division of Research and Advanced Studies of the University of Cincinnati in partial fulfillment of the requirements for the degree of DOCTORATE OF PHILOSOPHY (Ph.D.) in the Department of Political Science of the College of Arts and Sciences 2003 by Craig T. Cobane II B.S., University of Wisconsin-Green Bay 1990 M.A., University of Cincinnati 1992 Committee Chair: Richard J. Harknett, Ph.D. Abstract The British Government has been engaged for more than thirty years in a struggle with terrorism related to Northern Ireland. During what is euphemistically called the Troubles, the British government has implemented a series of special emergency laws to address the violence. Drawing upon the political context and debate surrounding the implementation and development of the emergency legislation this research examines the overall effect of British anti-terrorism legislation on both respect for civil liberties and the government’s ability to fight campaigns of violence. Drawing heavily upon primary sources, high profile cases of miscarriages of justice and accusation of an official ‘shoot to kill’ policy this project explores three distinct areas related to a government’s balancing of the exigencies of individual liberty and societal order.
    [Show full text]
  • Hidden in Plain View
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Stirling Online Research Repository HIDDEN IN PLAIN VIEW: The impact of popular beliefs and perceptions, held as factual knowledge about the Criminal Justice System, on incidences of wrongful accusation and conviction. SANDRA LEAN A thesis submitted in fulfilment of the requirements of the University of Stirling for the degree of Doctor of Philosophy. February 2012 CONTENTS Acknowledgements v Abstract vi CHAPTER ONE The Criminal Justice System: common beliefs and perceptions 1 Introduction 1 Concepts of „truth‟ and „reasonable‟ in criminal justice 2 Knowledge about, and confidence in, the CJS 5 Factors leading to wrongful conviction 6 Expert evidence 9 Appeals and overturned convictions 10 Misperceptions and wrongful accusations and/or convictions 11 The wrongly convicted and the media 14 CHAPTER TWO Literature and Theoretical Perspectives 23 Introduction 23 Perceptions of truth and law 38 The appeals system 42 Policing 45 Government 51 Media 57 Conclusions 69 CHAPTER THREE Methodology 73 Introduction Semi-structured interview: 77 Approaches taken 77 Methods 80 Pilot studies 82 Selection of participants 84 Data collection and recording 86 Processing and analysis 89 Limitations and potential weaknesses 92 Survey: Approaches taken 94 Methods 95 Pilot studies 96 Selection of participants 97 Data collection and recording 98 Processing and analysis 99 Limitations and potential weaknesses 100 Ethical considerations: Semi-structured interviews 100 Survey
    [Show full text]
  • MISCARRIAGES of JUSTICE: the Uncertainty Principle
    MISCARRIAGES OF JUSTICE: The Uncertainty Principle Dennis Eady This thesis is submitted in candidature for the degree of Doctor of Philosophy School of Social Sciences Cardiff University July 2009 UMI Number: U585226 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. Dissertation Publishing UMI U585226 Published by ProQuest LLC 2013. Copyright in the Dissertation held by the Author. Microform Edition © ProQuest LLC. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code. ProQuest LLC 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106-1346 DECLARATION This work has not previously been accepted in substance for any degree and is not concurrently submitted in candidature for any degree. Signed ......................(Candidate) Date. / - J / V / ^ 9 STATEMENT 1 This thesis is being submitted in partial fulfilment of the requirements for the degree of PhD Signed .....................(Candidate) Date ..... STATEMENT 2 This thesis is the result of my own independent work/investigation, except where otherwise stated. Other sources are acknowledged by footnotes giving explicit references. Signed ......................... (Candidate) Date... STATEMENT 3 I hereby give consent for my thesis, if accepted, to be available for photocopying and for inter-library loan, and for the title and summary to be made available to outside organisations. Signed ................................(Candidate) Date ...... ACKNOWLEDGEMENTS My appreciation is extended to the following people: - ■ My supervisors Professor Mike Maguire and Dr Lesley Noaks who promoted the academic freedom to develop this project combined with encouragement, interest and wise, helpful advice at the right times.
    [Show full text]
  • U DMU Records of Chris Mullin MP 1970-2010
    Hull History Centre: Records of Chris Mullin MP U DMU Records of Chris Mullin MP 1970-2010 Accession number: 2004/21; 2010/12; 2011/03; 2014/23 Biographical Background: Early Years, Education and Journalism Christopher John Mullin was born in Chelmsford, Essex, on the 12 December 1947 to father Leslie Raeburn Mullin and mother Teresa (nee Foley). He had three siblings: Patricia (b.1955); David (b.1953); and Elizabeth (b.1949). He attended St Joseph's RC School in Ipswich, then an independent boarding school for boys. He studied Law at the University of Hull where he became interested in journalism, contributing to and editing the student publication Torchlight. After graduation, Mullin began working as a self-employed journalist. During the 1970s and 1980s his interests lay in Asia. He travelled to Cambodia, Vietnam, China, Laos, India and Thailand. He participated in tours to Vietnam and Laos in 1980 and 1981 as a tour leader, which tours were arranged under a Daily Mirror scheme. He wrote for various British and international papers and was a correspondent for Gemini News Service during the 1970s and for the BBC World Service in the period 1974-1978. Having been a regular contributor to the socialist weekly paper, the Tribune, Mullin was appointed editor 1982 and served in this capacity until 1984. Throughout his political career Mullin continued to contribute articles and letters to various newspapers and campaigned for a media free from the influence of media conglomerates. Writing and Authorship In the late 1970s Mullin was asked by Tony Benn to edit Benn's books, 'Arguments for Socialism' and 'Arguments for Democracy'.
    [Show full text]